Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Departmental policy and 28 CFR 50.7, notice is

hereby given that two proposed consent decrees in United States v.

Rocky Ford Storage, Inc., et al., Civil Action No. 94-N-1709, were

lodged on February 15th and 24th, 1995 respectively with the United

States District Court for the District of Colorado. The proposed

consent decrees resolve claims in the complaint filed against Michael

L. Skorka and Rocky Ford Storage, Inc. involving alleged violations of

the National Emissions Standard for Hazardous Air Pollutants regarding

the removal of asbestos at the Rocky Ford Sugar Factory located in

Rocky Ford, Colorado from 1989 through 1991. The consent decrees

provide for payment of civil penalties to the United States for the

violations alleged in the complaint. After a demonstration of a

inability to pay a higher penalty by both Mr. Skorka and Rocky Ford

Storage, Inc., Mr. Skorka will pay a civil penalty in the amount of

$5,000 and Rocky Ford Storage, Inc. will pay a civil penalty in the

amount of $22,000.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed consent decrees. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Rocky Ford Storage, Inc., et al., Doj Ref. #90-5-2-1-

1833.

The proposed consent decrees may be examined at the Office of the

United States Attorney, 12th Floor, Federal Office Building, 1961 Stout

Street, Denver, Colorado 80294; the Region VIII Office of the

Environmental Protection Agency, 999 18th Street, Suit 500, Denver,

Colorado 80202; and at the Consent Decree Library, 1120 G Street, NW.,

4th Floor, Washington, DC 20005, 202-624-0892. Copies of the proposed

consent decrees may be obtained in person or by mail from the Consent

Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

requesting a copy, please refer to the referenced case and enclose a

check in the amount of $5.50 (25 cents per page reproduction costs),

for the Skorka consent decree or $3.00 (25 cents per page reproduction

costs) for the Rocky Ford Storage, Inc. consent decree, payable to the

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-6193 Filed 3-13-95; 8:45 am]

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